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Jurisdiction Clarification?? Help!


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Can someone please help me understand this?

 

I am Scottish and living in Edinburgh and having a bit of an information overload. I haven't actually claimed any charges back yet and I am still going through 6 years worth of statemments for RBS, MBNA, Halifax and Lloyds.

 

My understanding is that I will be able to claim through the English small claims court for MBNA, Halifax and Lloyds as they have theyre registered offices in England. However as I am in Scotland and the RBS is registered here how can I claim what will be at least £3000 in the Scottish small claims court with a limit of only £750?

 

I hope someone can help clear this up

 

Cheers

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Not sure about this but I believe that you can only use English small claims court if you have an English address. Think you need to look in to it a bit more. Have a look in the FAQ section; you should find the answer in there.

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Hi,

You could claim 2 amounts of £1,500 in Scotland using (summary cause,) its almost identical to the small claims form.It will cost you the same £39 but the Sheriff Court will return your paperwork and you will have to get a lawyer or sheriff's officer to serve your claims.Also you must only do one claim at a time. I think it's only 5 years you can go back in Scotland.

 

Best wishes with your claims.

 

Scott.

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Hi

Thanks for your thoughts on this! There seems to be very conflicting advice throughout forums and on other websites! my understanding having now read some legal info from the Govan Law Centre (Unfair UK Bank Charges | legal help from Govan Law Centre, Glasgow, UK) is that you can use the English courts if either you or the bank have addresses there! Doesnt really help with RBOS! There must be other people in scotland who have claimed more than £750 against RBOS

 

Cheers

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